Open AccessPEMBERLAKUAN PERJANJIAN BAKU DAN PERLINDUNGAN TERHADAP KONSUMEN
Author(s) -
Dhaniswara K. Harjono
Publication year - 2018
Publication title -
jurnal hukum to-ra
Language(s) - English
Resource type - Journals
eISSN - 2620-9837
pISSN - 2442-8019
DOI - 10.33541/tora.v4i1.1167
Subject(s) - enforcement , consumer protection , paragraph , business , law , liability , standard of review , legal liability , law and economics , political science , economics , judicial review , commerce
Enforcement of a balcu agreement in the practice of daily economic life is a necessity that is non-negotiable and its validity is based on the principle of freedom of contract that exists in Article 1338 paragraph (1) of the Civil Code. In an effort to provide protection for consumers in the application of standard agreements, UU No. 18 of 1999 concerning Consumer Protection has set such standard agreement terms that can be enforced in practice with the threat of cancellation if the conditions are not met, including standard agreements in practice may not contain exoneration calls or clauses that divert and / or release responsibility replied the business man. In judicial practice, there are a number of jurisprudences who have canceled the exoneration clause which frees the liability of the business actor and transfers it to the consumer. This is intended as a form of granting legal protection to consumers in court decisions in relation to the application of standard agreements in society.
Keyword : standard agreement; consumer protection; legal protection.